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Recent Blog Posts
Illinois Law Strives to Protect Homeless Families
Somewhere tonight – probably, in fact, somewhere not too far from where you live – a child is sleeping in a car, or on the street, or in a shelter. This child might have a family, but he does not have a place to call home. It is a humbling reminder that not every family has a comfortable (or even safe) living situation.
While homeless families have fewer resources, they still enjoy the same protections under Illinois law. The state cannot deny its homeless citizens access to basic public services and must protect their legal rights. Specific guarantees are enumerated in the Illinois Bill of Rights for the Homeless, including:
- Homeless families have the right to be in public spaces, including on public sidewalks and on public transportation, without facing discrimination;
An Unemployed or Underemployed Parent’s Child Support Obligations
The duty to pay child support stems from the child’s needs as well as the parent’s ability to pay. The second part of that equation depends on the supporting parent’s financial resources and needs. In other words, it is difficult to order parents to pay beyond their means. But what do such “means” include? Two years ago the Illinois Supreme Court considered whether money regularly drawn from a savings account is considered income for child support purposes.
The case, In re Marriage of McGrath, involved a divorcing couple with two children. Their marriage settlement included a joint parenting agreement granting physical custody to the mother. Because the father was unemployed, the initial agreement did not require him to pay child support. Eventually, however, the mother filed a petition seeking support payments. At the time, the father was covering his own living expenses by making withdrawals from his savings account. The court found that those withdrawals constituted his net income and used that amount to calculate his support obligations.
Debunking the Myth about Divorce Rates
The New York Times recently published an article debunking the widely held “myth” about sky-high divorce rates. Contrary to popular belief, “It is no longer true that the divorce rate is rising, or that half of all marriages end in divorce. It has not been for some time.” The truth is that the divorce rate peaked three decades ago and has been in decline ever since. According to the numbers:
- Of couples who married in the 1970s and 1980s, 65 percent reached their 15th wedding anniversary;
- Of couples who married in the 1990s, 70 percent have reached their 15th wedding anniversary; and
- Of college-educated couples who married in the early 2000s, 89 percent have reached their 7th anniversary.
Custodial Parents Can Be Ordered to Pay Child Support to Noncustodial Parents
In June 2014, the Illinois Supreme Court considered whether state law permits child support payments to noncustodial parents. Typically, it is the noncustodial parent who makes support payments because this parent does not have physical custody of the child. And if the custodial parent has sole custody, then the noncustodial parent does not have legal custody either.
The case, In re Marriage of Turk, involved a divorced couple with joint custody of their two children. Initially, the court ordered the noncustodial parent to make regular support payments, which he did. Eventually, however, the court awarded sole custody to the father (who was originally the noncustodial parent). The mother became the noncustodial parent with limited visitation rights. The father objected to his ongoing child support obligation, arguing that the Illinois Marriage and Dissolution of Marriage Act does not authorize court-ordered support payments to the noncustodial parent.
Harassment by Telephone or Via Electronic Communications
Domestic abuse is not a cookie-cutter crime. The abuse can take on many different forms, including harassment by telephone (if directed toward a family or household member, or a significant other). Keep in mind that this category of harassment is not limited to telephone calls; rather, it also includes electronic communications such as text messages, emails and messages transmitted via social media outlets like Facebook. Those facing harassment from a spouse may wish to speak to an experienced attorney for help obtaining an order of protection.
Harassment by Telephone
A person can be charged with harassment by telephone if he or she uses telephone communication to:
Situations Requiring Authoritative Intervention
Sometimes, no matter how hard parents try, their child might be beyond their control. This may occur after a troubling divorce, during a child custody dispute, or even in the absence of these circumstances.. Such situations call for government (authoritative) intervention. Under Illinois law, authoritative intervention is required for children under the age of 18 if the child:
- Is absent from home without parental consent; or
- Is beyond the parent’s or guardian’s control and in physical danger; and
- Refuses to return home after crisis services have been offered and the child and parents/guardians cannot agree to alternative placement.
If law enforcement reasonably believes that the minor is absent from home without parental consent or is beyond the parents’ control and in physical danger, then the officer may take the minor into limited custody. The officer must immediately inform the minor why he is being taken into limited custody. He must also make a reasonable effort to inform the minor’s parents about the situation.
Can Parents Use Corporal Punishment in Illinois?
When their children misbehave, some parents do not think twice about spanking them. However, it might be wise to think twice in certain situations, as doing so could result in criminal charges, or could lead a custodial parent to lose custody.
Spanking is permitted in Illinois, but not in excessive doses. Child discipline can quickly become child abuse when parents, immediate family members, or any person responsible for a child’s welfare inflicts excessive corporal punishment. Spanking is only one example. Others include slapping, hitting and shoving.
The problem is recognizing the line between acceptable and unacceptable corporal punishment. Unfortunately the law is not clear. The Illinois Supreme Court has held that parents may use corporal punishment as long as it conforms to the “reasonableness” standard. But what is reasonable in one parent-child situation might not be reasonable in a different parent-child situation. Ultimately, determining “reasonableness” is a fact-based inquiry.
Sixth Circuit Decision Regarding Same-Sex Marriage Could Affect Law in Illinois
The U.S. Supreme Court made headlines last month when it declined to review several same-sex marriage cases, allowing the unions to proceed in those states and opening the door for them to proceed in others. That decision also affirmed the legality of same-sex marriage in Illinois. However, a recent decision by the Sixth Circuit Court of Appeals could have an impact on Illinois family law – and family law across the country – if that case ultimately winds up before the Supreme Court.
Seeking a Legal Separation Instead of (or before) a Divorce
If you discover that you can no longer live with your spouse, you might assume that divorce is your only option. That is not the case, however. You could opt for a legal separation.
A legal separation works best for two spouses who live in separate residences, do not want a divorce, but do want a court order setting forth each party’s legal rights and obligations. The order might touch upon child custody and visitation rights, child support obligations, property ownership and maintenance payments. The main (obvious) difference between a legal separation and a divorce is that the couple remains married unless either institutes an action for dissolution of marriage.
Understanding the Best Interest Standard
Illinois law applies the best interest standard in civil matters involving children. Divorce proceedings, child custody battles, and visitation hearings are all examples of matters where a court must consider what is in the best interests of the child. These best interests include maximizing the child’s physical, mental, moral and emotional well-being.
It is difficult to define the best interest standard precisely, because as any parent knows, what is best for one child might not be what is best for another. However, the law sets forth relevant factors for courts to consider. That list is meant to be a starting point. Courts may consider all relevant factors and not merely those delineated here:
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